Decoding discriminatory language in your performance review

You just finished reading your performance review, and something feels off. Performance reviews should measure your work objectively. However, some reviews contain language that crosses the line into discrimination. If you notice certain patterns in your evaluation, you may have grounds for a claim.

Recognizing biased language

Discriminatory reviews often use coded language that targets protected traits. You might see comments about your “cultural fit” or “communication style” that actually reference your race or age. Supervisors may describe women as “too emotional” or “not assertive enough,” while men receive praise for the same behaviors.

Maryland law prohibits employment discrimination based on the following for employers with 15 or more employees:

• Sex
• Age
• Religion
• Marital status
• Race, color or national origin
• Sexual orientation and gender identity
• Disability

However, harassment protections do apply to employers of any size. Pay attention to vague criticisms that lack clear examples. If your review mentions personality traits or vague qualities instead of measurable work performance, this raises concerns.

Red flags to watch out for

Certain patterns in your performance review may show discrimination. Look for these warning signs:

• Sudden negative reviews after disclosing a pregnancy or requesting accommodation
• Comments focusing on your appearance, accent or personal life
• Reviews that contradict your actual work results or previous evaluations
• Harsher criticism compared to colleagues in similar positions

If you notice any of these patterns, your review may reflect bias rather than legitimate performance concerns.

Steps employees can take against discriminatory practices

Maryland law gives employees the right to work free from discrimination. If that right is violated, you have the right to pursue legal remedies. These remedies may include compensation for lost wages, emotional distress and other damages. Non-economic and punitive damages have legal caps based on the size of the employer.

Documentation creates a clear record of the situation. Save copies of your performance reviews, emails and any written feedback. Note specific comments, who made them and when they occurred. This evidence can prove patterns of discrimination that may otherwise be dismissed as isolated incidents. Strong documentation also protects you if your employer tries to justify unfair treatment or retaliate against you for raising concerns.

Protecting your rights in the workplace

Reading a performance review filled with biased language can leave you feeling powerless. However, you have more control than you might think. By recognizing discriminatory language and understanding your legal options, you can take back control of your career. You deserve a workplace that values your contributions and judges you fairly.